The bill amends the Utilities Code to establish new requirements and penalties related to the excavation for the installation of buried fiber-optic cable. It introduces new subsections (d) and (e) to Section 251.151, mandating that individuals intending to excavate must provide a map of the proposed fiber-optic infrastructure to the relevant municipality or county before excavation begins. Additionally, the bill increases the civil penalties for excavators who violate certain sections of the code, raising the minimum and maximum fines for repeated violations. Specifically, the minimum penalty is increased from $500 to $2,000, and the maximum penalty for subsequent violations can reach up to $10,000.

Furthermore, the bill adds Section 251.204, which establishes civil liability for excavators whose actions result in damage to underground facilities owned by municipalities or counties. This section clarifies that the absence of a civil penalty action by a county or district attorney does not serve as a defense against liability for damages. The bill also modifies the heading of Subchapter E to include "AND REMEDIES," reflecting the expanded scope of penalties and civil liabilities. The provisions of this bill will take effect on September 1, 2025.

Statutes affected:
Introduced: Utilities Code 251.151, Utilities Code 251.201 (Utilities Code 251)